UK and others invoke Vienna Mechanism on political prisoners in Russia: Joint Statement to the OSCE

I am speaking on behalf of the Nordic-Baltic nations and the associated countries that include Albania, Andorra, Austria, Belgium, Bulgaria, Bosnia and Herzegovina, Canada, Croatia, Cyprus, Czech Republic, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Moldova, Monaco, Montenegro, the Netherlands, North Macedonia, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Kingdom, and the United States.

The participating States of OSCE agreed in the Moscow Document of 1991 that commitments made regarding human rights are of legitimate concern to all members and are not just internal affairs of a particular country. This was later confirmed at the Seventh OSCE Summit of Heads of State in Astana during December 2010.

As part of our promise, we want to show that we are very worried about the serious breaches of people's rights that are occurring in Russia. To get to the bottom of it, the OSCE's Moscow Mechanism has been set up on July 28, 2022 by 38 countries. A team of experts will investigate and report on the alarming issues related to the implementation of the OSCE human values by Russia, assess their legal and administrative practices according to their OSCE promises, and provide recommendations and advice based on the facts they uncover.

On 22 September 2022, an independent report was presented to the Permanent Council by Professor Angelika Nußberger. The report had conclusive results and stated that the Russian legislation and practices in the recent past indicate a fear of civil society, which they label as a "fifth column," weakening the state. Such practices are not in accordance with OSCE standards that promote a diverse and independent civil society.

One of the most serious issues is that more and more people who oppose the government are being punished and held in custody because of their political views. This includes individuals who defend human rights, leaders of groups that promote civil society, as well as those who criticize the Russian Federation's war against Ukraine. The non-stop attacks and oppression of those who are in political opposition, demonstrators, journalists who operate independently, and other members of the media has caused an increase in the number of people who are being detained for no good reason. This violates their basic human rights and freedoms, which is completely against the commitments made by the OSCE. Some of these include the right to not be arrested or held for no reason, the right to associate with others, the right to gather peacefully, and the right to express oneself freely.

As a result, due to the insufficient response from the Russian authorities towards the report called Moscow Mechanism, which was published on 22 September 2022. Plus, due to our continuous concerns regarding the events that have occurred over the last 18 months, which we have frequently discussed during this period. Our countries have decided to take action by triggering the Vienna Mechanism related to human rights, based on the responsibilities of the Russian Federation outlined in this mechanism.

We're worried about a variety of things, not just these few:

Ongoing Unfair and Unjustified Arrests and Detentions: There is a frequent occurrence of trustworthy reports about unfair limitations on the ability to peacefully gather, with law enforcement officials carrying out violent and senseless methods of breaking up protests. Individuals are also being detained without reason and facing severe fines and imprisonment for expressing their political opinions. It has been reported that in the year 2023, numerous people were detained for their peaceful involvement in political opposition movements, anti-war protests, and for exposing human rights infringements and injustices committed by Russian authorities.

Human rights groups have stated that the Russian government is targeting political opposition members. There have been reports of kidnappings and even murders, as well as instances of harassment, arbitrary capture, torture, and mistreatment of people defending human rights, lawyers, journalists, and those with differing political views. Unfortunately, there have not been many effective investigations into these acts. In addition to detaining and imprisoning those against the Kremlin, there are more allegations of state-controlled media and social media channels being used to spread threats of violence against political opposition members, journalists, and others working in media and civil society.

An abundance of evidence has emerged pointing to widespread instances of torture and cruel, inhumane, or degrading treatment or punishment in Russia. These reports also bring attention to issues of overcrowding in detention facilities alongside substandard living conditions including a lack of access to basic necessities such as food and water, poor ventilation, inadequate sanitation and hygiene, and limited access to medical care, as well as restricted access to legal representation and loved ones. Further accounts highlight punitive measures employed within prisons, such as confining prisoners to harsh conditions in isolated cells or solitary confinement as a means of putting pressure on them not to speak out about any violations of their human rights. Additionally, there have been numerous reports of law enforcement officials using excessive force against demonstrators.

We are asking for specific and significant answers to the following questions based on our commitment to relevant OSCE agreements. These include the 2020 Tirana Ministerial Council Decision focused on stopping and eliminating torture as well as instances of cruel, inhuman or degrading treatment or punishment. Additionally, we are also referencing the 2004 Sofia Ministerial Council Decision that aimed to prevent and combat torture, the 2006 Brussels Declaration that highlighted the need for a fair criminal justice system, the 1989 Vienna Concluding Document, the 1991 Document of the Moscow meeting of the conference on the Human Dimension of the CSCE, and the 1990 CSCE/OSCE Copenhagen Document.

Since the Russian Constitution strictly prohibits the creation of laws that violate human rights and basic freedoms, such as the right to not be detained or arrested randomly, the right to peacefully assemble and associate, and the freedom of speech, and also prioritizes the principles of global human rights standards, it raises the question about how the Russian authorities are guaranteeing that their laws and enforcement mechanisms conform to the OSCE agreements and other international duties.

Looking at the Moscow Mechanism report from 22 September 2022, we can see that there is criticism of Russia's use of prosecution based on unclear accusations like "extremism" and "false information". Additionally, there is a lot of complication within their legal system, including the Criminal Code of the Russian Federation, the Law on Associations, and the Code of Administrative Offenses. So, what has been done to make sure that national laws and how they are enforced follow OSCE commitments and international obligations? This will help increase clarity in the legal system and reduce the chances of the laws being applied arbitrarily.

How has Russia ensured that investigations into accusations of arbitrary arrests and detentions, torture, enforced disappearances, and unlawful killings by their forces are fair and transparent? Can you please provide details on what steps have been taken to guarantee that these investigations are unbiased and without favor towards any particular party?

On the 22nd of September 2022, a report under the Moscow Mechanism was released, urging Russia to release political prisoners and get rid of oppressive laws. With reports that are believable about torture and bad treatment in detention centres in Russia, have the authorities in Russia started investigations into the continuing reports of harsh treatment, torture or degrading, and inhumane punishment in their prisons and detention centres? What are the results of these investigations, and what steps are being taken to address the issues?

How do prisoners and detainees receive procedural safeguards, and how are they guaranteed access to legal assistance if placed in isolation?

What steps are being implemented by the Russian authorities to guarantee the International Committee of the Red Cross is given entry to every person held captive, make it easier for legal help to be provided, and protect the prisoner’s entitlement to communicate with their relatives effectively?

What are the standard protocols for enforcing disciplinary actions in Russian prisons and detention centers? Are there any specific instructions or guidelines to avoid unjust disciplinary measures, like solitary confinement, in these facilities? How do law enforcement officials ensure the well-being of the detainees in their custody? Do they promptly seek medical attention for those who require it?

We anticipate a written response to these significant worries within ten days, following the Vienna (Human Dimension) Mechanism.

We kindly ask that this declaration be added to today's journal.